State v. Strebler
2013 Ohio 1775
Ohio Ct. App.2013Background
- Strebler was convicted in Summit County Common Pleas Court of operating a vehicle under the influence of drugs or alcohol and failing to maintain an assured clear distance.
- Two trucks stopped at Waterloo Rd and Brown St; Strebler allegedly drove between them causing damage.
- Officer Ivey observed impairment indicators and arrested, administering field sobriety tests.
- Breathalyzer at station showed no alcohol; Strebler admitted taking tramadol and oxycodone; blood/urine tests were ordered.
- Toxicology showed presence of the medications; defense argued head injury/concussion and sleep issues explained impairment; evidence led to trial to the bench.
- Court found Strebler guilty and sentenced him to two years; on appeal, Strebler challenges sufficiency and manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was sufficient to convict for DUI. | Strebler contends no impairment evidence pre-accident. | State proved impairment through signs and toxicology; pre- and post-accident impairment consistent. | Sufficient evidence supported the conviction; Rule 29 motion properly denied. |
| Whether the conviction is against the manifest weight of the evidence. | Credibility issues and head injury/concussion explain impairment. | Medical/medication impairment established by testimony and tests. | Conviction not against weight of the evidence; not clearly against justice. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for sufficiency of evidence in criminal cases)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (assessment of whether evidence proves guilt beyond reasonable doubt)